TERMS OF SERVICE

INTRODUCTION

Welcome to 80 Degrees West Interior Design, where you can always get professional interior design advice for any decorating project. The 80 Degrees West Interior Design site ("Site") and service ("Service") is owned and operated by 80 Degrees West Interior Design, Inc., a Delaware corporation, referred to throughout these Terms of Service ("TOS") as "80 Degrees West", "we", "us", or "our". Any references to "you" or "your" refer to both you and any person on whose behalf you act, if any.

Please read this document carefully. YOU ARE ABOUT TO ENTER INTO A LEGALLY BINDING CONTRACT. Your use of this website is subject at all times to these TOS, our Privacy Policy, and any other applicable documents that you agree to. You represent that you have read and understood these TOS.

Each time you use or access our Site and Service at www.80DWID.com ("Site"), you agree to be bound by these TOS. You may not access the Site, register an account, upload designs, specifications or photos, or make any purchases through the Site unless you agree to the terms contained herein. If you do not agree to, or cannot comply with, these TOS, then please do not use or access our Site.

ACCESS TO THE SITE IS INTENDED ONLY FOR PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. BY ACCESSING THE SITE, YOU REPRESENT THAT YOU ARE AN ADULT AND THAT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TOS AND PRIVACY POLICY.

80 DEGREES WEST CAN REVISE THESE TERMS AND/OR OUR PRIVACY POLICY AT ANY TIME WITH OR WITHOUT NOTICE BY UPDATING THIS POSTING. BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THE THEN-CURRENT TOS AND/OR PRIVACY POLICY, AS APPLICABLE.

HOW 80 DEGREES WEST WORKS

80 Degrees West gives you the ability to create an online notebook of design project content ("Design Notebook") and interact with a professional interior designer ("Designer") through our online interior design platform. Depending upon your preferences and requirements, and subject to your approval, the Designer may perform the following, among other actions:

Conduct an initial design study.
Prepare drawings and other materials to generally illustrate Designer's suggested interior design concepts, which may include color schemes, interior finishes, wall coverings, floor coverings, ceiling treatments, lighting treatments and window treatments.
Prepare layout showing location of movable furniture and furnishings.
Prepare schematic plans for recommended cabinet work, interior built-ins and other interior decorating details.

Regardless of the Services purchased by you and performed by the Designer, please note the following:

Designer's drawings and specifications are conceptual in nature and intended to set forth design intent only. They are not to be used for architectural or engineering purposes. Designer does not provide architectural or engineering services, and any such projects are undertaken at your own risk. We highly recommend that you seek the advice of an experienced professional (architect, engineer, etc.) before making any structural changes in connection with your project.
Designer's services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems installed or to be installed in connection with your project.
Should the nature of Designer's design concepts require the services of any other design professional, such professional shall be engaged directly by you pursuant to a separate agreement as may be mutually acceptable to you and such other design professional.
In the event that you upload photographs of your finished project to the Site, 80 Degrees West will be entitled to use such photographs for its business purposes, including without limitation posting on the Site, but shall not disclose the project location or your name, without your prior written consent.
All concepts, drawings and specifications prepared by Designer ("Project Documents") and all copyrights and other proprietary rights applicable thereto remain at all time Designer's property. Project Documents may not be used by you for any purpose other than completion of the project.
80 Degrees West cannot guarantee that actual prices for recommended merchandise or interior installations or other costs or services as presented to you will not vary either by item or in the aggregate from your project budget.
Neither 80 Degrees West nor our Designers receive any compensation or other consideration from vendors that supply interior furnishings and other merchandise, and so you can be confident that any purchase recommendations made by our Designers are based only on their professional judgment about what is best for your project. Our Designers' only obligation to you is to make recommendations for your project. Consequently, if you purchase any third-party merchandise based on those recommendations, you are solely responsible for those purchases, and 80 Degrees West shall have no liability whatsoever in the event that you are dissatisfied with such third-party merchandise.

FEES

The rights granted to you in these Terms is contingent upon your payment to 80 Degrees West of any applicable fees for the Services provided in accordance with 80 Degree West's pricing policies current as of the date of your purchase of any Service (collectively, "Fees"). All such Fees are due and payable in advance of our performance of the Services, except as 80 Degrees West shall otherwise authorize in writing. We reserve the right to charge additional Fees based on the size of the materials uploaded to your account, regardless of the types of Services purchased. You agree that you shall be responsible for the payment of all taxes related to the Service, other than taxes based upon 80 Degrees West's income.

BILLING

Billing, account maintenance, account customer service, and other support functions for our Service may be provided by a third party billing service provider ("Billing Service Company") and not by us. By signing up for our Service, you agree to be bound by the Terms and Conditions and all other applicable documents (including its Privacy Policy) by the Billing Service Company, in addition to our TOS.

You need a valid credit card or other payment method acceptable to 80 Degrees West (the "Payment Method") in order to use our Service. You acknowledge that:

The Payment Method provided is valid and that you are authorized to use such Payment Method;
80 Degrees West or the Billing Service Company is authorized and may charge such Payment Method;
all registration data and other information submitted is complete, true, accurate and up-to-date, and that you will update all registration data and other information submitted as necessary to keep it current. Any fraudulent, abusive or otherwise illegal activity will be grounds for immediate termination of your account at 80 Degrees West's sole discretion and may be reported to appropriate law enforcement agencies. You will indemnify and hold 80 Degrees West and the Billing Service harmless from any claims, losses, damages or liabilities arising out of any breach of the foregoing representations, warranties and covenants; and
you will not initiate a chargeback against 80 Degrees West or other agents working on behalf of 80 Degrees West, unless such waiver is prohibited by applicable law.

Each user of our Service must have his, her, or its own account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you will immediately notify us of the problem to avoid possible liability for any unauthorized charges to your account.

You will not be entitled to a refund during Service outages that are caused by our maintenance on the servers or the technology that underlies our Service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our control.

We may also occasionally offer discounts or promotions to existing customers. We reserve the right to limit, expire, change, modify or disqualify any promotional offer for fraud, discount stacking or any other reason, and to charge you at current rates.

If you register for an account, you are required to keep your billing account information current, complete and accurate (such as a change in billing address, credit card number or expiration date) and notify 80 Degrees West if your Payment Method is canceled (e.g., for loss or theft). You agree to make payment using the selected Payment Method. You agree that we have the right to correct any errors or mistakes in your billing statement even if we have already requested or received payment, including without limitation billing you for any applicable taxes regardless whether such amounts were previously itemized on your bill. Your right to use our Service is subject to any financial limits that may be established from time to time by us, the Billing Service Company, or by your credit card issuer, financial institution or other provider of your chosen payment method ("Payment Method Provider").

If payment cannot be charged to your Payment Method or your charge is returned for any reason, including without limitation chargeback, we and/or the Billing Service Company reserve the right to suspend or terminate your access and account without notice, thereby terminating this agreement and all obligations of 80 Degrees West hereunder, and to charge you the maximum penalty and fees permitted under applicable law,.

80 DEGREES WEST INTELLECTUAL PROPERTY AND USER-GENERATED CONTENT

Unless otherwise indicated, all materials on our Site, including, without limitation: text, images, software and databases ("Content"), are owned or controlled by 80 Degrees West, which retains ownership of all right, title, and interest in and to the Content, including without limitation the copyrights, trademarks, service marks and all intellectual property rights. You only receive a license to access our Content, and retain no ownership rights.

The Service and the Content are protected by copyright and trademark laws of both the United States and other countries, international conventions and other applicable laws. In no event shall you use the Content in any commercial or public manner, including without limitation any public exhibition, and you shall not download, reproduce, transmit, distribute or circulate the Service or the Content or any portion thereof without the prior written permission of 80 Degrees West.

Notwithstanding the foregoing, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Service ("User-Generated Content"). Likewise, if you request the assistance of 80 Degrees West to post User-Generated Content, or if you imply consent that 80 Degrees West may post User-Generated Content on your behalf, either by written or oral means, or you fail to inform 80 Degrees West that User-Generated Content should be removed, you are equally responsible for the User-Generated Content. You understand that 80 Degrees West does not control, and is not responsible for User-Generated content made available through the Service, and that by using the Service, you may be exposed to User-Generated content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User-Generated Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User-Generated Content on the Service. By posting User-Generated content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to 80 Degrees West an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User-Generated Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User-Generated Content, and to grant and authorize sublicenses of the foregoing. You acknowledge that 80 Degrees West does not pre-screen or approve User-Generated Content, but that 80 Degrees West shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User-Generated Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

You further agree not to interrupt, or attempt to interrupt, the operation of the Service in any way, nor shall you take any actions that disable, damage or impair the Service's control or security systems, including without limitation by hacking, de-compiling, disassembling or reverse-engineering the Service or the Content.

You may not reverse engineer, disassemble, decompile or attempt to reverse engineer or derive source code from, all or any portion of our Site or Service, or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the Site as that term is defined under 18 U.S.C. Sec. 1030.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of 80 Degrees West, its employees, licensors, independent contractors, providers, vendors, and affiliates (collectively, "Affiliates") without the prior written permission of 80 Degrees West or its relevant Affiliate.

ACCOUNTS AND ACCESS

You may access and/or use the Service only if you have agreed to these TOS and have been registered and authorized by 80 Degrees West to use the Service. If you are using the Service on behalf of a corporate or other entity, you represent that you have the authority to use the Service on behalf of such corporate or other entity. You are responsible for maintaining the confidentiality of your account and password and for restricting access thereto and are responsible for all activities that occur under your account or password. In addition, you agree that in using the Service you shall not violate any law, regulation or governmental order. You hereby certify that you: (a) are not a citizen of, nor located in, any of the countries prohibited from receiving United States ("U.S".) exports, or prohibited from transacting with U.S. citizens pursuant to U.S. embargoes or other sanctions; (b) are not prohibited from receiving U.S. exports by being listed on any export denial list published by the: U.S. State Department – Directorate of Defense Trade Controls, U.S. Treasury Department – Office of Foreign Assets Control, or U.S. Department of Commerce – Bureau of Industry and Security; and, (c) will not export or re-export U.S.-origin products or technology obtained via the Service in violation of U.S. export regulations. You acknowledge that 80 Degrees West has the right, but not the obligation, to periodically audit your use of the Service to ensure your compliance with these TOS and applicable laws. You agree to immediately notify 80 Degrees West of any unauthorized use of your account or any other breach of security of which you become aware.

BETA TEST

80 Degrees West is a new Service and you will be among its first users. By agreeing to these TOS and gaining access to 80 Degrees West, you agree to participate in the testing of the Site and certain Service features ("Beta Test"). Your participation as a Beta Tester is subject to the following terms:

As a Beta Tester, you are invited to use our Site for the sole purpose of evaluating the Content and identifying errors. Nothing in these TOS or through the Site shall be construed as granting you any rights or privileges of any kind with respect to the Beta Test or Content that you find here. The Beta Test is provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

By using the Service during the Beta Period, you agree that: (i) testing our Service is at your own risk and that you know the Service may include known or unknown bugs, (ii) 80 Degrees West has no obligation to make any Content available for use without charge for any period of time, nor to make them available at all, (iii) Content or certain features may be available by subscription or other fees once the testing process is complete or at any time in the future; (iv) these TOS applies to your use of the Content during the testing phase.

If you accept our TOS as a Beta Tester, it is understood and agreed that your participation in the Beta Test is voluntary and that your relationship with 80 Degrees West will be that of an independent tester and nothing in these TOS shall be construed to create a partnership, joint venture, or employer-employee relationship (even if you are an employee of 80 Degrees West or Affiliates for other purposes). You agree that you will use your own equipment and participate in the Beta Test at your own premises.

Beta Test accounts are non-transferable under any circumstances.

CONDUCT AND MISCONDUT

You may not use any of your own or third party software to modify the Site or to change any aspect of the Service. You may not use our intellectual property rights contained in the Content or the Site to create or provide any other means through which the Content or Service may be accessed by others.

You may not take any action that imposes an unreasonable or disproportionately large load on our Service. You may not use your software or third party software to rewrite or modify the user interface or otherwise manipulate data in any way.

THIRD PARTY CONTENT, SITES AND SERVICES

The Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of 80 Degrees West, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services.

You agree that 80 Degrees West shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that 80 Degrees West is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release 80 Degrees West, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

COPYRIGHT POLICY AND COMPLAINTS

80 Degrees West respects the intellectual property of others. If you believe that any material on the Site or any use of the Site infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing can be found on the Site;
Your address, telephone number, and email address;
A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you at the bottom of your notification exactly as follows: "I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner."

Send the notification to us as follows:

80 Degrees West Interior Design, Inc.
2325 East Carson Street
Pittsburgh, PA 15203
Email: info@80DWID.com

DISCLAIMERS AND LIABILITY

We cannot guarantee and we do not promise any specific results from the use of our Site and Service.

80 DEGREES WEST CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE OR YOUR ACCESS TO THE SERVICE, THE SITE, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. 80 DEGREES WEST MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISPLAYED IN CONNECTION WITH THE SERVICE. 80 DEGREES WEST MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY 80 DEGREES WEST; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR EXPRESS WARRANTIES STATED IN THESE TOS, IF ANY, THE SERVICE, ALL INFORMATION AND CONTENT ACCESSIBLE THROUGH OUR SITE, YOUR ACCOUNT, USER CONTENT, ALL OTHER SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATIBILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH THE USER. Some jurisdictions do not allow the disclaimer of implied warranties. In some jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

We will make reasonable commercial efforts to keep Service downtime to a minimum, but we can't promise that the Service or any data stored or transmitted in connection with the Service will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the Service at any time without notice for repairs, maintenance, improvements or for any other reason.

The Site, the Service, and all Content is provided on "as-is" basis. Our Site may be incomplete, or otherwise contain bugs, defects and errors. We make no promise that the Service will operate either fully or in part on any specific computer or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while using the Service.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL 80 DEGREES WEST BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE SITE OR SERVICE, DESIGNS OR SPECIFICATIONS PRODUCED USING THE SERVICE, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SITE OR SERVICE, OR;
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE SITE OR SERVICE, OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE SITE OR SERVICE, EVEN IF ANY THOSE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE SITE OR SERVICE.

IN NO EVENT SHALL 80 DEGREES WEST'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID TO 80 DEGREES WEST BY THE INJURED PARTY. IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN 80 DEGREES WEST'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

You hereby understand, and acknowledge, that there is no guarantee that 80 Degrees West shall continue offering access to its Service on a going-forward basis.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these TOS or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim.

You represent and warrant that your participation in our Service is in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of these TOS, and that all information provided to 80 Degrees West or its designee by you in connection with this TOS, including without limitation all registration information, is true, correct and accurate. You must promptly provide 80 Degrees West with an update if any of your information changes.

Your use of the Site and Service constitutes your agreement to defend, indemnify and hold harmless 80 Degrees West and its affiliated companies, employees, contractors, officers and directors from any claims, demands, damages and expenses, including reasonable attorney fees, incurred directly or indirectly by 80 Degrees West, arising out of or relating to your use or misuse of the Service, your access to the Site or your account, including a third party's use or misuse of your account and/or password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder. 80 Degrees West shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.

DISCLOSURE OF PERSONALLY-IDENTIFIABLE INFORMATION

We cannot ensure that your personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury.

You agree that we may communicate with you via email and any similar technology for any purpose relating to the Site, Service and Content and any services or software which may in the future be provided by us or on our behalf. You are encouraged to read our Privacy Policy which governs the collection and use of personally identifiable information.

TERM/TERMINTATION

The terms of these TOS shall commence upon the date that you accept these TOS or you otherwise begin participating in the Service and shall continue until the date that you terminate your 80 Degrees West account.

If you or anyone using any of your accounts materially breaches these TOS, or makes any unauthorized use of the Site or Service, or infringes the intellectual property rights of 80 Degrees West or any third party, or if we are unable to verify or authenticate any information you provide to us, or we become aware of any activity within your account which is, in our reasonable discretion, inappropriate and/or in violation of these TOS, then 80 Degrees West may terminate this agreement with you, close all of your accounts, and cancel all rights granted to you under these TOS. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach you. Termination by 80 Degrees West shall be without prejudice to or waiver of any and all other rights or remedies which 80 Degrees West may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.

Upon reasonable prior notice, 80 Degrees West may terminate these TOS, end or prevent access to the Site or Service, in whole or in part, for any reason in its sole discretion.

You may terminate your account with 80 Degrees West at any time, upon notice to 80 Degrees West, whereupon all your accounts will be closed, and all rights granted to you in these TOS will be canceled, effective upon your notice.

GOVERNING LAW

This Site is operated and controlled from our offices in Pittsburgh, Pennsylvania. It can be accessed from various countries of the world. The laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles of Pennsylvania or any other state, will apply to all matters arising out of or in connection with the Site and your connection to and use of the Site and/or Service.

THESE TOS, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN PENNSYLVANIA BETWEEN PENNSYLVANIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF PENNSYLANIA LAW OR THE LAWS OF ANY OTHER STATE. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED.

By accessing or using the Site and/or Service, you submit and consent to the exclusive jurisdiction of state and federal courts in Pittsburgh, Pennsylvania with respect to any dispute or cause of action arising out of or in connection with these Terms of Service and/or your use of the Site or Service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VOID WHERE PROHIBITED

We make no representation or warranty that any material on the Site, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Site or the Service from a jurisdiction outside the Commonwealth of Pennsylvania you are responsible for compliance with all applicable local laws.

MISCELLANEOUS

If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of these TOS will remain in full force and effect. These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these TOS will be effective only if in writing and signed by us. The failure of a party to assert any right under these TOS shall not be considered a waiver of that party's right will remain in full force and effect. In addition, these TOS and the Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. These TOS and all related documents are written and shall be interpreted in the English language.

You acknowledge and agree that any breach or threatened breach by you of this TOS may result in immediate and irreparable damage to 80 Degrees West or its licensors or designees for which there is no adequate remedy at law, and in such event 80 Degrees West, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security.

AMENDMENT

These TOS may be amended or modified from time to time. We will post changes to this TOS on the 80 Degrees West homepage, and other places we deem appropriate. If the revision alters a material term, and you, in good faith, determine that the modification is adverse to you and unacceptable, then you shall have the right to close your account.

80 Degrees West has the right to modify, suspend or discontinue the Service or any portion of the Service at any time, including the availability of any area of the Service or the commissions. 80 Degrees West may also impose limits on certain features and services or restrict your access to parts or all of the Service without any notice or liability to you.

CONTACT US

If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Site, please contact us via email at info@80DWID.com